Off The Record

Imhoff and Associates

We talk candidly "off the record" on practical advice, and provide insight on issues across the legal landscape. As counsel for the defense, we speak from a position of authority, giving our audience the info they need to make the best decisions for themselves. With a variety of hosts and personalities, our discussions give you the opportunity to learn something new and offer a different point of view. read less
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Episódios

Shannon Leis - Truths and Misconceptions about your Miranda Rights
01-01-2023
Shannon Leis - Truths and Misconceptions about your Miranda Rights
Shannon Leis is the managing attorney of Imhoff and Associates and your host for today’s show. In this episode we are discussing Miranda warnings. We'll discuss the origination, substance, subsequent decisions, and the future of Miranda.What you will hearMiranda Warnings history and definitionWhen the warning must be providedInterrogation and evidence of guiltThe Public Safety ExceptionThe Jailhouse Informant ExceptionViolating a right v violating a rule protecting a rightThe future of Miranda warningsAlito, Clarence Thomas and stripping protections for the rights and remedies of the 4th, 5th and 6th amendmentsQuotes“Miranda was one of several groundbreaking decisions aimed at protecting the right to the accused handed down by the Warren Court that fundamentally changed criminal procedure.” “A traffic stop is not considered custody. Police are not required to provide Miranda warnings for an investigative stop and although these warnings are not required, that does not mean anything you say can't be used against you, because it certainly will. So be mindful of your mouth when the officer is asking questions, assume everything you do and say is being recorded and will be used against you.”“While Miranda remains settled law, the effect of these subsequent decisions prevents Miranda from protecting people from police abuse, especially members of marginalized communities as it was intended to.”“If you're interrogated in custody without Miranda warnings and make a statement, then testify at trial and give contradictory testimony, the prosecutor can use your statement to impeach the testimony in court.“It is now irrelevant whether a suspect was cognitively or mentally impaired at the time, they waived their rights as long as police coercion is not involved.”“To exercise your right to remain silent, you are required to speak…..So you need to invoke your right to remain silent in order to prevent your silence from being used against you.”“No one should ever speak to law enforcement without a lawyer. They are not there to help you despite what they might claim. They can lie to you. They can trick you. Do not speak to law enforcement without a lawyer.” “False confessions of people proven factually innocent by DNA account for 29% of wrongful convictions.”“Miranda is important and necessary. It should be built upon and strengthened, not weakened.”MentionedArizona v Miranda 1966Warren CourtGideon v WainwrightHarry v New York 1971Rhode Island v Innis 1980New York v Quarles 1984Illinois v Perkins 1990Marilyn v Shatzer 2010Berghuis v Thompkins 2010Salinas v Texas 2013Vega v Tico 2022Dickerson v United StatesMap v OhioImhoff and AssociatesCalifornia Penal Code 4.22If you enjoyed this episode of Off The Record  Podcast, make sure to subscribe and drop us a five-star review.
Watch What You Say: Inadvertent Terrorist Threats and the Era of Social Media
01-12-2022
Watch What You Say: Inadvertent Terrorist Threats and the Era of Social Media
Austin Wallace, attorney and case manager at Imhoff and Associates, discusses  the crime of terrorist or criminal threats and the impact of social media in these types of cases and convictions.What you will hear1:05 Defining criminal threats and  terroristic threats1:51 Penal code statutes3:01 Misconceptions and general misunderstanding of the statutes5:26 Consequences of conviction6:45 Social media’s impact on convictions9:02 Case examples11:47 Advice Quotes“Every jurisdiction in the country, every state, every county municipality, even at the federal level has criminal statutes that make it illegal to threaten violence towards other private citizens.” “I didn't mean, and I didn't do, it is not a sound defense.”“Social media has changed things and so, what used to be a really difficult case to prosecute because it was he said, she said, is now way easier because of screenshots from social media posts or DM messages or threads of Snapchat or Instagram or Discord. That is hard, as attorneys, to defend against.”“What was, prior to social media, just a high school beef is now being charged criminally as a felony.”“So the rule of thumb that I like to apply to it is, Do not say anything to anyone else on social media that you would not say if a law enforcement officer was standing right next to you in person.”MentionedImhoff and AssociatesCalifornia Penal Code 4.22If you enjoyed this episode of Off The Record  Podcast, make sure to subscribe and drop us a five-star review.